Legal Question in Criminal Law in Pennsylvania

Re: Criminal Case - Right to Speedy Trial

The Commonwealth must bring the case to trial within a specified time. You should talk to your son's attorney or retain counsel as soon as possible. We handle cases like these, so feel free to call us with any questions you may have.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

[email protected]

Re: Criminal Case - Right to Speedy Trial

In general the commonwealth (the da) has 365 from the start of the case to prosecute your son, less any time attributable to your son or his lawyer, unless the DA can prove that they have acted with all "due dillegence."

If your son's case is less than 365 days old, there is nothign you can do. If it is older than 365, you can look to each and every court hearing for the case and see if any continuance was taken by your son or his lawyer, if so add that time (that date until the next court date) to 365 to come up with the new expiration date.

Now if you are still over 365, look and see why the case has been continued? Has it been because the complainant or the cops failed to appear? Or, is it because your son was not brought down from sate custody or not brought down from out of county? If it is the second choice, which i guess it is because of the nature of your question, then check to see if the DA did everything they could to have him borught down? DId they serve the sheriff with notice? DId they prepare a wirt for his bring down? Was he ever given a subpoena? Did they know he was in custody at the original date? Was his institution changed?

If the answer is that they are at 400+ days and he has been at the same place for 375 of those days, ask your lawyer about a 600g motion.

Good Luck. Feel free to email or call. Brian